The Foot-and-Mouth Disease (Prohibition of Vaccination) (Wales) Regulations 2001

Explanatory Note

(The Note is not part of the Regulations)

These Regulations implement the requirement on Member States in Article 13 of Council Directive 85/511/EEC introducing Community measures for the control of foot-and-mouth disease (O.J. L315, 26/11/1985 p. 11-18) (as amended, in particular by Council Directive 90/423/EEC of 26 June 1990 (O.J. L224, 18/08/1990 p.13-18) to ensure that the use of foot-and-mouth vaccines is prohibited, except where the use of such vaccine is expressly authorised by decision of the European Commission.

These Regulations prohibit vaccination against foot-and-mouth disease in Wales except under the authority of a licence issued by the National Assembly for Wales (regulation 3(1)). Regulation 3(2) provides an exemption for vaccination carried out by persons licensed to handle foot-and-mouth disease virus by the National Assembly for Wales under the Specified Animal Pathogens Order 1998.

Breach of the Regulations is an offence (regulation 7). A person guilty of an offence is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Persons guilty of intentionally obstructing or failing to assist persons acting in execution of the Regulations are only liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment not exceeding 3 months or to both.

The Regulations make provision for offences by bodies corporate (regulation 6).

The Regulations are enforced by the local authority or the National Assembly for Wales (regulation 8).

A Regulatory Appraisal has not been prepared for these Regulations.